Civil
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 Does Vermont inform other states about points, suspensions, and disqualifications? |
Frequently, the Vermont DMV will inform other states about these matters. If you fail to pay a fine or if you are suspended, your home state will be notified. For information about your situation, call the Vermont DMV at 802-828-2050 or the motor vehicle department in the other state you are concerned about. 23 VSA 3904, 4113.
| | If I do not appear for the hearing, will I be arrested? |
No. If the law enforcement officer appears and you do not, the Judicial Bureau Hearing Officer will enter a default judgment for the State. 23 VSA 2304(e). You will be assessed the fine and points stated on the civil violation complaint. The Judicial Bureau will mail you a notice stating the deadline for paying the fine. If you do not pay the fine on time, the Judicial Bureau will notify DMV of your non-compliance of the courts order and will request the Commissioner of the Department of Motor Vehicles to suspend your privilege to drive a motor vehicle in Vermont.
| | Is a civil violation a crime? |
No. civil violations are not criminal actions. However, the court reports civil violation judgments to the DMV (Vermont Department of Motor Vehicles). 23 VSA 2302(b).
| | May I have a trial by jury? |
If you deny the violation a hearing shall be held before a hearing officer and conducted in an impartial manner. The burden of proof shall be on the state or municipality to prove the allegations by clear and convincing evidence. 4 V.S.A. §1106
A decision of the hearing officer may be appealed to the district court. The proceeding before the district court shall be on the record, or at the option of the defendant, de novo. If you wish a trial by jury you must request this in writing. An appeal shall stay payment of a penalty but not the imposition of points. 4 V.S.A. §1107
A non-refundable $100 filing fee for an appeal must be submitted with your written appeal. If you are unable to pay the filing fee, you may file a written request for waiver of the appeal fee. Contact the Judicial Bureau for the appropriate form. 32 V.S.A. §1431(g)
| | May I hire a lawyer to represent me? |
Yes. The Judicial Bureau was designed to let you represent yourself, but you may hire a lawyer at your own expense. The court will not appoint a lawyer to represent you at State expense.
| | May I talk with the prosecutor about the case before going to court? |
Yes. The law enforcement officer that issued the civil violation complaint is the prosecutor. You and the law enforcement officer may communicate about the case at any time. If you received a civil violation complaint for operating without liability insurance and you have proof of insurance, you may want to provide your proof to the law enforcement officer before going to court. The name of the law enforcement officer is on the civil violation complaint.
| | Must I answer a Vermont Civil Violation Complaint within 20 days? |
Yes. If you fail to return a copy of the Vermont civil violation complaint with your plea within 20 days, the court will assess the waiver fine , a $20.00 failure to answer fee will be assessed, and DMV will place applicable points on your driving record. If you do not deny the violation, enter a plea of "ADMITTED" or "NO CONTEST" and pay the fine. If you deny the violation, enter a plea of "DENIED". 23 VSA 2304(a).
| | Must I go to court after receiving a Vermont Civil Violation Complaint? |
You have a choice. If you plead "ADMITTED" or "NO CONTEST", you may pay the fine without going to court. If you plead "DENIED", at least one court appearance will be required. 23 VSA 2304. Before answering the complaint read all the information contained on the white and pink copies handed to you by the issuing officer.
| | Must I notify the Judicial Bureau if my address changes? |
Yes. The Judicial Bureau will mail all notices to your address shown on the civil violation complaint, unless you notify the Judicial Bureau about your new address. Vermont law also requires you to inform the DMV about your current address. 23 VSA 205.
| | Referred to Collection Agency? |
State law 4 V.S.A. § 1109(d) and 13 V.S.A. § 7171 authorizes the Court Administrator to refer past-due judgments to a designated collection agency. If your judgment has been referred to a collection agency, you must provide payment through that agency. Payments sent directly to the Judicial Bureau (cash, check or credit card) will not be accepted. In addition to past-due judgments you will be responsible for any associated collection agency fees. If you have been referred to the designated collection agency, you may contact them for more information:
Alliance One
6565 Kimball Drive
Suite 200
PO Box 2449
Gig Harbor, WA 98335
253-620-2222 or 800-456-8838
www.payaoi.com
| | What if I have a request of the Court? |
You will need to file a "Motion" with the Clerk’s office at the Judicial Bureau in White River Junction. A motion is a request in writing asking the Court to consider doing something specific in your case. All motions must identify the request and give specific reasons for the request. You may use the Judicial Bureau Motion form #442 by clicking here. Any post judgment motions must be accompanied by a $35.00 filing fee.
Once completed and filed with the Clerk’s office in White River Junction the motion will be put before the Court for a decision as to how to handle the motion. You will receive an answer or hearing notice depending on how the Court rules
| | What if I need more time to pay my fine? |
You may request an extension of time to pay a fine. Your request must be in writing and signed. The request must include your name, address, DOB, phone number, complaint number, and the reason why an extension of time to pay is needed. A minimum partial payment of $30 must be included with your request. An extension of time to pay will not be granted without a minimum partial payment of $30.00.
Mail your request to the Vermont Judicial Bureau, PO Box 607, White River Junction, VT 05001. To avoid late fees a request for an extension of time to pay must reach the court on or before your due date.
For your convenience, you may use court form #423, Request for Extension of Time to Pay Fine, by clicking here. | | What is a Vermont Civil Violation Complaint? |
A civil violation complaint is a written allegation by a law enforcement officer claiming a person or business violated a law. The Judicial Bureau jurisdiction includes traffic violations relative to cars, trucks, buses, tractors, trailers, motorcycles, snowmobiles, all terrain vehicles, boats, bicycles, pedestrians and also possession of tobacco, possession of alcohol, hazing, dissemination of criminal records and other non-criminal violations as set forth by statute.
| | What is my chance of winning in the Judicial Bureau? |
The State has the burden of proving its allegations by clear and convincing evidence. Clear and convincing evidence means evidence which establishes the truth of the facts asserted is highly probable. The State's burden of proof in a civil violation case is lower than the burden in a criminal case and higher than in an ordinary civil case. Depending on the facts and the law involved in your case, you may have a high or low chance of success at the Judicial Bureau. If you are having difficulty deciding whether to contest the complaint, you may want to consult an attorney.
| | What is the difference between "NO CONTEST" or "ADMITTED"? |
Either plea will result in judgment being entered for the State and the waiver penalty will become due. No Contest means that you neither admit nor deny but that you believe that at a hearing the State could prove it's case.
| | What is the difference between the Judicial Bureau and the Department of Motor Vehicles? |
The Judicial Bureau is within the Judicial Branch of Government. The clerk's office is at the Courthouse in White River Junction. The Judicial Bureau dockets civil violation complaints, schedules hearings, and receives fine payments.
The Department of Motor Vehicles (DMV) is within the Executive Branch of Government and maintains your driving record and issues suspensions. If you want to pay a reinstatement fee, ask about your accumulation of points, or find out whether you are under suspension, call the DMV in Montpelier at 802-828-2050 between 8:00 a.m. and 4:30 p.m., Monday through Friday.
| | What is the next step? |
Return the court's copy of the complaint with your plea. If you plead "ADMITTED" or "NO CONTEST", enclose your fine payment, in U.S. Funds. Please write the complaint number on your check or money order. DO NOT SEND CASH. If your address shown on the civil violation complaint is not correct, enclose your current address. Mail correspondence to: Judicial Bureau P.O. Box 607 White River Junction, VT 05001
For more information, please call 802-295-8869 between 8:00 a.m. and 4:30 p.m., Monday through Friday.
| | What will happen if I plead "DENIED"? |
The Judicial Bureau will mail you and the law enforcement officer a notice of hearing. The notice will state the time, date, and location for the hearing. A hearing is a trial by judge. At the hearing, the law enforcement officer will testify about the case, and then you may testify. You and the law enforcement officer may bring witnesses and exhibits. After receiving all the evidence, the judge will make a decision. The judge may tell you the decision immediately or mail a written decision on a later date. If the judge decides the case in your favor, you will not be fined or assessed points. If you contest the complaint and the State prevails in the proceedings, you will be assessed a $50.00 court fee and may be assessed witness fees in addition to any fines and surcharge. 32 VSA 1431(f), 1433, and 1471. Also, any applicable points will be placed on your driving record.
| | Where do I send my payment and who do I make the check payable to? |
Pay by credit card online or send a check or money order, in U.S. Funds, payable to Vermont Judicial Bureau. Our mailing address is P.O. Box 607, White River Junction, VT 05001. Our physical address is 82 Railroad Row, White River Junction, VT.
| | Who decides the amount of my fine? |
A panel of three Judicial Bureau Hearing Officers determines the amount of the waiver fines. 23 VSA 2302(d). The waiver fine and surcharge shown on the front of the civil violation complaint is the amount you pay to settle your case by pleading "NO CONTEST" or "ADMITTED" and waiving your right to a hearing. Most people are required to use safety belts. The law enforcement officer may have added $25.00, $50.00 or $75.00 to the base waiver fine if you or a passenger failed to use an available safety belt. 23 VSA 1259.
If you plead "DENIED" and have a hearing, the judge will decide the amount of your fine. Commonly, the fine after a hearing is the same as the waiver fine, but sometimes is higher or lower depending on the facts of your case, your driving record, and your ability to pay. In addition to a fine, you will be assessed a surcharge, a $50.00 court fee, and possibly witness fees. The surcharge is used for law enforcement training and victims' programs. As of July 1, 2009 the surcharge is $41.00 plus 15% of the base fine. 13 VSA 7282.
| | Who decides the amount of my points? |
The Department of Motor Vehicles assigns the points based upon the judgment issued by the Judicial Bureau. The Judicial Bureau does not assign points.
The Vermont legislature enacted the mandatory point schedule. 23 VSA 2502. Some violations, such as driving an unregistered or uninspected vehicle, do not result in any points. Other violations, such as speeding, running a red light, driving after suspension, and many others, do result in points on your driving record. If you have a hearing and the judge decides you are at fault for an accident, you will receive 2 additional points. If you accumulate too many points within two years, DMV will suspend your driving privilege as follows:
- 10 points/10 day suspension
- 15 points/30 day suspension
- 20 points/90 day suspension
For each additional 5 points above 20 points, the suspension is an extra 30 days above 90 days in length. Also, an automatic 60 day suspension is imposed for counterfeiting any registration plate, inspection sticker, license certificate, etc. After the suspension period is over, you must pay a $71.00 fee to the DMV and obtain a reinstatement letter before driving again. The reinstatement fee is charged after every suspension.
| | Will I be disqualified from driving commercial vehicles? |
If you are convicted of 2 serious traffic violations within 3 years, you will be disqualified for 60 days. If you are convicted of 3 serious traffic violations within 3 years, you will be disqualified for 120 days. 23 VSA 4116(d). When operating a commercial vehicle, serious traffic violations include speeding 15 mph or more over the speed limit, driving in a careless and negligent or reckless manner, changing lanes improperly, following too closely, and violating traffic control laws in connection with an accident resulting in death. 23 VSA 4103(16).
| | Will I receive extra points for having an accident? |
Two additional points shall be assessed for any violation which has resulted in an accident which was the fault of the violator, provided that before these additional points are added a determination of fault must have been made. 23 VSA 2502(b).
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Municipal
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| How Do I respond to the complaint? |
Pay by credit card online or return the Judicial Bureau's copy of the complaint with your plea. If you plead "ADMIT or DO NOT CONTEST", enclose your penalty payment. Please write the complaint number on your check or money order. DO NOT SEND CASH. If your address shown on the complaint is not correct, enclose your current address. Mail correspondence to:
Judicial Bureau
PO Box 607
White River Junction, VT 05001
For more information, please call 802-295-8869 between 8:00 a.m. and 4:30 p.m., Monday through Friday.
| | If I do not appear at the hearing, will I be arrested? |
No. If the municipal official appears and you do not, the Judicial Bureau Hearing Officer will enter default judgment for the municipality. 24 VSA 1978(e). You will be assessed the penalty stated on the complaint. The Judicial Bureau will mail you a notice stating the deadline for paying the penalty. If you do not pay the penalty on time, the municipality may use all lawful civil remedies to collect the penalty and enforce the bureau's order. 24 VSA 1981.
| | If I plead "ADMIT or DO NOT CONTEST", may I have extra time to pay the penalty? |
If you are truly unable to pay the penalty within 20 days, you may file a motion for Extension of Time to Pay Fine. You must include the reason for the extension and a date by which you will be able to have the fine paid in full. You may contact the Judicial Bureau for a motion form, orclick here to get the fill-able form online. Not if you are under the age of 18 at the time of entering your parent or guardian must sign the answer also.
| | If I plead "DENY", may I explain my case to a hearing officer by mail or telephone? |
No. Hearing officers will not communicate with you about the facts of the case unless you and the municipal official appear at a scheduled hearing after entering a DENY plea.
| | Is a Municipal Violation a Crime? |
If the violation is charged on a municipal complaint, it is a civil infraction. The maximum penalty under Vermont law for such violation is $500 with no term of imprisonment. 24 VSA 1974a(a).
| | May I have a trial by jury? |
The first trial is a hearing by hearing officer. You or the municipality may appeal the hearing officer's decision. If you appeal, you may file a written request for a jury trial. Vermont law requires the bureau to charge a $75.00 non-refundable fee for each appeal. If you are truly unable to pay the fee, you may file an In Forma Pauperis. Contact the Judicial Bureau for a form. You do not have to pay the penalty during the appeal. 24 VSA 1980(a).
| | May I hire a lawyer? |
Yes. The Judicial Bureau was designed to let you represent yourself, but you may hire a lawyer at your own expense. The bureau will not appoint a lawyer to represent you at State expense.
| | May I review a copy of the municipal ordinance? |
Yes. The ordinance is identified on the complaint. You may review a copy of the ordinance at the city, town or village clerk's office in the municipality where the violation occurred.
| | May I talk with the prosecutor before appearing at the bureau? |
Yes. The municipal official that issued the complaint is the prosecutor. You and that official may communicate about the case at any time. The name of the municipal official is on the complaint.
| | Must I answer the municipal complaint within 20 days? |
Yes. If you fail to return a copy of the complaint with your plea within 20 days, the bureau will enter judgment and assess the waiver penalty shown on the complaint. If you do not deny the violation, enter a plea of "ADMIT or DO NOT CONTEST" and pay the penalty. If you deny the violation, enter a plea of "DENY"and a hearing will be scheduled. 24 VSA 1978(a). Before answering the complaint read all the information contained on the back of the complaint.
| | Must I appear at the Judicial Bureau after receiving a municipal complaint? |
You have a choice. If you plead "ADMIT or DO NOT CONTEST", you may pay the penalty without appearing at the Judicial Bureau. If you plead "DENY", at least one bureau appearance will be required. 24 VSA 1978(d).
| | Must I notify the Judicial Bureau if my address changes? |
Yes. The Judicial Bureau will mail all notices to the address shown on the complaint, unless you notify the Judicial Bureau about your new address.
| | What if I have a request of the Court? |
You will need to file a "Motion" with the Clerk’s office at the Judicial Bureau in White River Junction. A motion is a request in writing asking the Court to consider doing something specific in your case. All motions must identify the request and give specific reasons for the request. You may use the Judicial Bureau Motion form #442 by clicking here.
Once completed and filed with the Clerk’s office in White River Junction the motion will be put before the Court for a decision as to how to handle the motion. You will receive an answer or hearing notice depending on how the Court rules.
| | What is a Municipal Complaint? |
A complaint is a written allegation by a municipal official claiming a person or organization violated a municipal ordinance. Municipal ordinances pertain to animal control, public nuisances, junkyards, recycling, liquor control, health regulation, zoning and many other situations. 24 VSA 1971-1981 or Municipal Charter.
| | What is my chance of winning in Judicial Bureau? |
The municipality has the burden of proving its allegations by clear and convincing evidence. Clear and convincing evidence means evidence which establishes the truth of the facts asserted is highly probable. The municipality's burden of proof in a municipal civil case is lower than the burden in a criminal case and higher than in an ordinary civil case. Depending on the facts and the law involved in your case, you may have a high or low chance of success in Judicial Bureau. If you are having difficulty deciding whether to contest the complaint, you may want to consult an attorney.
| | What will happen if I plead "DENY"? |
The bureau will mail you and the municipal official a notice of hearing. The notice will state the time, date and location for the hearing. A hearing is a trial by hearing officer. At the hearing, the municipality will offer testimony about the case, and then you may testify. You and the municipality may bring witnesses and exhibits. After receiving all the evidence, the hearing officer will make a decision. The hearing officer may tell you the decision immediately or mail a written decision on a later date. If the hearing officer decides the case in your favor, you will not be penalized. If the hearing officer decides in the municipality's favor, you will be penalized. The penalty commonly is the same as shown on the complaint, but may be higher or lower depending on the facts of your case, your record of other violations and your ability to pay. Note: If you are under the age of 18 at the time of your scheduled hearing you will need to have a parent or guardian present.
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